Digital Commons Network^™

Municipal Broadband: Challenges And Perspectives, Craig Dingwall

Federal Communications Law Journal

This Article reviews the status and challenges of municipal broadband and provides recommendations for responsible municipal broadband deployment. The Author reviews broadband demand; possible justifications for and the status of municipal broadband deployment; speed, feature, and price considerations; regulatory and technical issues; and relevant laws and legislation. The Author offers specific national policy recommendations and concludes that government/industry partnerships offer perhaps the best solution for municipal broadband deployment where broadband needs aren't met.

Has Reality Programming Been Voted Off The Island Of Copyright Protection? Finding Protection As A Compilation, Jesse Stalnaker

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Rethinking Dred Scott: New Context For An Old Case, Austin Allen

Chicago-Kent Law Review

Scholars have misunderstood the context in which Dred Scott emerged. Leading historical interpretations of the decision have relied too heavily on accounts developed by antebellum Republicans and on mid-twentieth-century legal theory. This article offers an alternative account of Dred Scott's origins and argues that the decision emerged from a series of unintended consequences resulting from the Taney Court's efforts to incorporate a Jacksonian vision of governance into constitutional law. By 1857, this effort had generated tensions that made a sweeping decision like Dred Scott nearly unavoidable. The inescapable nature of Dred Scott carries implications for constitutional theorists, especially those …

The Psychological Consequences Of Judically Imposed Closets In Child Custody And Visitation Disputes Involving Gay Or Lesbian Parents, Nancy G. Maxwell, Richard Donner

William & Mary Journal of Race, Gender, and Social Justice

This article examines child custody and visitation cases in which courts operate under the assumption that parents who live openly as sexual minorities will harm their children. Based on this assumption, courts frequently impose restrictions on parents, requiring them to live closeted lives in order to have access to their children. Part I of this article introduces the concept of the judicially imposed closet as courts have applied it through several custody and visitation cases. Part II examines social science research concerning the psychological impact of "family secrets" on parents and children as well as research on sexual minority parenting. …

Honoring The Call To Practice, Joseph F. Anderson Jr.

South Carolina Law Review

No abstract provided.

U.S. And U.K. Approaches To The War On Terror: The Surveillance Of Religious Worship, Jodie A. Kirschner

University of Miami International and Comparative Law Review

No abstract provided.

The Neglected Political Economy Of Eminent Domain, Nicole Stelle Garnett

Michigan Law Review

This Article challenges a foundational assumption about eminent domain- namely, that owners are systematically undercompensated because they receive only fair market value for their property. In fact, scholars may have overstated the undercompensation problem because they have focused on the compensation required by the Constitution, rather than on the actual mechanics of the eminent domain process. The Article examines three ways that "Takers" (i.e., nonjudicial actors in the eminent domain process) minimize undercompensation. First, Takers may avoid taking high subjective value properties. (By way of illustration, Professor Garnett discusses evidence that Chicago's freeways were rerouted in the 1950s to avoid …

After Abu Ghraib: Does The Mccain Amendment, As Part Of The 2006 Defense Appropriations Act, Clarify U.S. Interrogation Policy Or Tie The Hands Of U.S. Interrogators, Luke M. Meriwether

Tulsa Journal of Comparative and International Law

No abstract provided.

License To Drive: Pioneering A Compromise To Allow Undocumented Immigrants Access To The Roads, Spencer Garlick

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Forgotten Threat: Private Policing And The State, Elizabeth E. Joh

Indiana Journal of Global Legal Studies

What do Disneyland, the Abu Ghraib U.S. military prison, the Mall ofAmerica, and the Y-12 nuclear security complex in Oak Ridge, Tennessee have in common? They have wildly different purposes, but they share a common characteristic as employers of private police. This answer-indicative of the prevalence and numbers of private police today-would have struck the nineteenth -century observer as evidence of a gross failure by the state. Yet that reaction, in turn, would seem odd to us. Vocal support of private police can be found among public police chiefs, lawmakers, and even President Bush.

What kinds of criticisms were once …

Long Wars Of Political Order - Sovereignty And Choice: The Fourth Amendment And The Modern Trilemma, Harvey Rishikof

Cornell Journal of Law and Public Policy

No abstract provided.

Alcohol, Drugs And The National Pastime, Roger L. Abrams

University of Pennsylvania Journal of Business Law

No abstract provided.

Genetically Modified Foods In The International Arena: Trade Conflicts, Labeling Controversy, And The Importance Of Informed Consumer Choice, Ilona M. Deminina

Brigham Young University International Law & Management Review

No abstract provided.

Revisiting The Legal Link Between Genetics And Crime, Deborah W. Denno

Law and Contemporary Problems

In 1994, convicted murderer Stephen Mobley became a cause celebre when he appealed his death sentence before the Georgia Supreme Court in the case of Mobley v. State. Denno describes the potential implications arising from the high-profile case of Stephen Mobley. He sought to introduce a then-cutting-edge theory that violence could be based on a genetic or neurochemical abnormality as mitigating evidence during capital sentencing.

The Scarlet Gene: Behavioral Genetics, Criminal Law, And Racial And Ethnic Stigma, Karen Rothenberg, Alice Wang

Law and Contemporary Problems

Rothenberg and Wang discuss the broader social implications of researching traits of interest to the criminal law. They consider the social impact for those who participate in behavioral genetics studies, particularly when such research focuses on behaviors related to conduct such as addiction.

The Blaming Function Of Entity Criminal Liability, Samuel W. Buell

Indiana Law Journal

Application of the doctrine of entity criminal liability, which had only a thin tortlike rationale at inception, now sometimes instantiates a social practice of blaming institutions. Examining that social practice can ameliorate persistent controversy over entity liability's place in the criminal law. An organization's role in its agent's bad act is often evaluated with a moral slant characteristic of judgments of criminality and with inquiry into whether the institution qua institution contributed to the agent's wrong. Legal process, by lending clarity and authority, enhances the communicative impact, in the form of reputational effects, of blaming an institution for a wrong. …

Freedom Of The Press Box: Classifying High School Athletes Under The Gertz Public Figure Doctrine, Jonathan Deem

West Virginia Law Review

No abstract provided.

Sexuality And Sovereignty: The Global Limits And Possibilities Of A Lawrence, Sonia K. Katyal

William & Mary Bill of Rights Journal

No abstract provided.

Licence To Publish: Joseph Howe's Contribution To Libel Law In Nova Scotia, Lyndsay M. Campbell

Dalhousie Law Journal

In 1835, Joseph Howe was prosecuted for criminal libel after an attack on the Halifax magistracy appeared in his newspaper I argue that Howe's acquittal flowed from a combination of factors. Howe's newspaper was a reformist, but not radical, voice at a time when criticism of government was becoming legitimate and newspapers were becoming increasingly vociferous, despite uncertainty about how daring they could be. Howe was popular, and the magistrates and prosecution were not. Most remarkably, however, Howe used Starkies 1830 libel treatise to construct a novel defence-qualified privilege-which had considerable exculpatory potential. The judge declined to put it to …

Exploring The Evolution Of Drug Endangered Children's Movement And Drug Courts, Holly Elizabeth Hopper

North Dakota Law Review

No abstract provided.

Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue

Michigan Journal of International Law

This Article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States-two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes-and accepts-the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts-flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …

Male Rape In U.S. Prisons: Are Conjugal Visits The Answer?, Rachel Wyatt

Case Western Reserve Journal of International Law

No abstract provided.

The "Theatre Of Dreams"? - Manchester United Fc, Globalization, And International Sports Law, Ola Olatawura

Marquette Sports Law Review

No abstract provided.

Regarding Pained Sympathy And Sympathy Pains: Reason, Morality, And Empathy In The Civil Adjudication Of Pain, Jody L. Madeira

South Carolina Law Review

No abstract provided.

Volume 2, Issue 1, The Modern American

The Modern American

No abstract provided.

Culture In Our Midst, Elaine M. Chiu

University of Florida Journal of Law & Public Policy

No abstract provided.

Living On The Past: The Role Of Truth Commissions In Post-Conflict Societies And The Case Study Of Northern Ireland, Christopher K. Connolly

Cornell International Law Journal

Examines the possibility of applying the truth commission model in Northern Ireland where the past plays a significant role in shaping daily lives & worldviews. A review of the theory & practice of truth commissions is followed by a description of Northern Ireland's long & complex conflicts that point to the need for some form of truth-seeking. Attention is given to the difficulties such a process would face. Three recent truth-seeking initiatives are critiqued: the Northern Ireland Victims' Commissioner; the Bloody Sunday Inquiry; & a series of decisions by the European Court of Human Rights. A framework is presented for …

Recent Developments In The Debate Concerning The Use Of Foreign Law In Constitution Interpretation, Lisa Sofio

UC Law SF International Law Review

Comparative analysis, the interpretive technique of using foreign and international law to better understand the United States Constitution, may be a valuable tool for modern judges. Legislative proposals and statements made by various members of Congress reveal that Congress is opposed to the judiciary's use of comparative analysis and appears prepared to take drastic measures to prevent judges from looking to foreign law to answer difficult questions. This note explores the propriety and reasons for this response and explores whether comparative analysis has merit as an interpretive tool.

Choice And Fraud In Racial Identification: The Dilemma Of Policing Race In Affirmative Action, The Census, And A Color-Blind Society, Tseming Yang

Michigan Journal of Race and Law

This Article focuses on the implications of self-conscious efforts by individuals to alter their racial identity and the challenge that they pose to social conventions and the law. It also considers some implications of such a framework to the promotion of a color-blind society, in particular with respect to health care services and bureaucratic records.

Transnational Communication And Defamatory Speech: A Case For Establishing Norms For The Twenty-First Century, David Goldberg

NYLS Law Review

No abstract provided.